MATTHEWS v. THE UNITED KINGDOM JUDGMENT
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that of persons who are unable to take part in elections because they live
outside the jurisdiction, as such individuals have weakened the link between
themselves and the jurisdiction. In the present case, as the Court has found
(see paragraph 34 above), the legislation which emanates from the European
Community forms part of the legislation in Gibraltar, and the applicant is
directly affected by it.
65. In the circumstances of the present case, the very essence of the
applicant’s right to vote, as guaranteed by Article 3 of Protocol No. 1, was
denied.
It follows that there has been a violation of that provision.
II. ALLEGED VIOLATION OF ARTICLE 14 OF THE CONVENTION
TAKEN IN CONJUNCTION
WITH ARTICLE 3 OF
PROTOCOL No. 1
66. The applicant in addition alleged that, as a resident of Gibraltar, she
had been the victim of discrimination contrary to Article 14 of the
Convention, which provides:
“The enjoyment of the rights and freedoms set forth in [the] Convention shall be
secured without discrimination on any ground such as sex, race, colour, language,
religion, political or other opinion, national or social origin, association with a national
minority, property, birth or other status.”
67. The Government did not address separately this complaint.
68. In view of its above conclusion that there has been a violation of
Article 3 of Protocol No. 1 taken alone, the Court does not consider it
necessary to consider the complaint under Article 14 of the Convention.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
69. Under Article 41 of the Convention,
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Costs and expenses
70. The applicant did not claim any damages under Article 41, but she
did claim costs and expenses before the Court totalling 760,000 French
francs (FRF) and 10,955 pounds sterling (GBP), made up as to FRF 760,000
of her representative’s fees and expenses (750 hours at FRF 1,000 per hour)